Riparian Expert Witness Services
Riparian and Littoral Surveying - Water Boundaries
Locating the extent of a waterfront owner’s boundaries as well was that parcel’s riparian (or littoral) rights is difficult.
The terra firma adjoining the water is constantly moving and shifting; imagine trying to locate a land boundary that may move daily.
These movements may occur quickly (in the even of a hurricane) or slowly over time (such as granules of sand building-up over decades).Based on a variety of circumstances, many different types of evidence may be required before finding the riparian boundary.
These subjects can be some of the most frustrating and time-consuming real property disputes. But knowing “how” to apply to generally accepted rules of surveying as well as any state-specific case law is the first step in allocating riparian boundaries
Methods of Riparian Allocation
Every riparian allocation depends on the state in which the parcel is located because every state is an independent “sovereign” in the eyes of the law. That being said, there are six common law methods of allocating riparian rights among waterfront property owners:
- The round lake method
- The long lake method
- The proportionate medial line method
- The colonial method
- The property line extension method
- The proportionate acreage method
The circumstances of each allocation will dictate which is the best method to use.
Equipment Required to Properly Allocate Riparian Property
We have reviewed hundreds of riparian surveys over the past 25 years. The most common deficiency is not explaining the allocation methodology. The second most common mistake is the use of the wrong type of equipment in the performance of a riparian survey.
Every riparian survey begins with an upland boundary survey. Therefore, any land surveyor should have the total stations, GNSS, and other equipment required to complete this phase of work.
But the “riparian” work within a water boundary survey often requires specialized survey equipment such as a bathymetric sounder equipped boat or drone, unmanned aerial vehicle (UAV) to capture aerial photos, and a laser scanner to document the view obstructions and built docks. Very few surveyors possess such equipment because the buy-in costs amount to hundreds of thousands of dollars.
Florida-Specific Water Boundary Disputes
Riparian surveys of Florida waterfront parcels, especially when locating the rights to build a dock, are special.
Florida riparian surveying is unique because of the large body of case law that has been made in the Sunshine State over the past 100 years.
My favorite case, Hayes v. Bowman (91 So2d 746), which is as much poetic work as case law, states: “It is absolutely impossible to formulate a mathematical or geometrical rule that can be applied to all situations of this nature. The angles ( direction) of side lines of lots bordering navigable waters are limited only by the number of points on a compass rose.”
While I agree with that statement to some extent, I do firmly believe that every situation is uniquely suited to one of the six riparian allocation methods described above, but it takes a good surveyor to decide which one should be correctly applied.
Need an Expert Witness for Your Property Dispute?
Dr. Tony Nettleman
Dr. Nettleman is a land surveyor, author, educator, and expert witness.